Osh TV's broadcasting license extended 'till the end of 2000

By Chris Schuepp, Internews Kyrgyz Republic, 9 August 2000

Osh TV, Central Asia's oldest private TV station, was granted another
extension to their broadcasting license today. The State Commission
for Radio Frequencies in Bishkek decided during a special meeting in
the Kyrgyz capital Bishkek that Osh TV does not have to leave the
metro channel in the Southern city of Osh immediately but can keep
broadcasting on it at least till the end of the year. Osh TV director
Khaliljan Khudaiberdiev was informed about the decision by Nikolaij
Nikolaijev, deputy director of the Kyrgyz National Agency for
Communications (NAC), via phone in the Internews office in Bishkek in
the afternoon where Mr. Khudaiberdiev was nervously waiting for the
news on the future of his TV station. Mr. Khudaiberdiev was also told
that he will receive the relevant documents tomorrow morning in the
NAC office.

Today's decision came after massive protest by journalists in Osh and
a political intervention by Temirbek Asanbekovitch, the governor of
Osh, who had anticipated growing protests and among the population of
Osh and had called the Bishkek authorities in order to reach a
workable compromise with Osh TV.

More than twenty journalists from the town of Osh had gathered on
August 3rd in front of the Osh TV's office (an Osh-based private
TV-station broadcasting in the Uzbek language) protesting against the
attempt of representatives of the National Agency of Communictions
(NAC) to seal up the station's broadcasting transmitter on fifth VHF
channel. The representatives of the southern branch of Kyrgyzstan's
National Agency for Communications had told journalists that their
actions were the result of the fact that Osh TV did not comply with
the previous decree issued by the Kyrgyz National Agency for
Communications on 29 June, 2000. The decree signed by Esen Topoev, the
chairman of the Kyrghyz State Commission for Radio Frequencies who is
also Kyrghyzstan's defense minister, rejected Osh TV's appeal to
prolong its license to broadcast on VHF fifth channel, put a deadline
for ceasing Osh TV's broadcasting- 01.07.2000 ( July 1st), and
assigned the Kyrghyz National Agency for Communications to oversee the
implementation of the decree.

Khaliljan Khudaiberdiev, Osh TV director refused to sign the statement
prepared by Asanov Talaibek, NAC representative, that would certify
Osh TV agreed with this measure of NAC. According to Khaliljan
Khudaiberdiev, the process of changing from VHF to UHF broadcasting is
extremly costly for the station's budget. About two million Kyrgyz
soms, the equivalent of USD 42,675, is needed to change equipment and
infrustructure necessary for UHF broadcasting. More importantly, the
change of frequency can result in the loss of the majority of Osh TV
audience (mostly ethnic Uzbeks) because the UHF would require special
equipment for the viewers to receive Osh TV
programming. Mr. Khudaiberdiev did not rule out the possibility that
this process might lead to Osh TV's closing down.

On 3 August, Khaliljan Khudaiberdiev announced his intention to file a
complaint against the NAC decree and unauthorized actions by NAC
representatives who did not have an official sanction to seal up the
transmitter in hand. Mr. Khudaiberdiev is convinced that actions of
NAC are unlawful:according to the existing Kyrghyz law on media, only
the court verdict or the founding body can close down or stop the
functioning of a media outlet. An attempt to seal up the transmitter
of Osh-TV is a direct discriminatory act on the part of the
governmental agency. He refers to the example of a government owned
KTR (Kyrgyz Teleradio Company) that uses the same VHF and mega hertz
frequency out side Osh and in Bishek, and that did not get any
official notification to cease broadcasting. Khaliljan Khudaiberdiev
turned to Internews-Kyrghyzstan, which provided a consultation on
legal aspects connected to Osh TV present situation. Internews has
also expressed willingness to assist Osh TV with this case.

Later last week, Mr. Khudaiberdiev received and order to appear before
the National Commission for Broadcasting for violating article 271 of
the Administrative Code. According to this, he could be fined from 10
to 100 times the monthly minimum salary for illegal broadcasting
during the month of July.

Osh TV received the initial license to broadcast on the metro channel
as far back as in 1995. They worked on this channel without having any
problems till March 1999, when the newly formed National Agency for
Communications took their license back and ordered the station to
reregister. Oh TV then was granted the broadcasting license till the
end of 1999 which was extended once more till the 1st of July
2000. Today's decision cannot solve the fundamental problem though, it
only postpones it ill the end of 2000. Osh TV has the right to
broadcast till the year 2004, but the license for the metro channel
will run out at the end of this year. In the next five months they
will not be able to find enough funds to make a switch to UHF
possible, so the same process will start over again later this year.

Internews Kyrgyz Republic, the Osh Media Resource Center and Osh TV
will work together in the months to come to find a sustainable
solution for Central Asia's oldest private TV outlet which gives
independent journalists a fair chance to work without governmental
interference.